What types of Wooster Nursing Home Abuse and Neglect Cases do You Handle?

Elder abuse refers to intentional actions that cause harm or create a serious risk of harm, regardless of whether harm is intended, to an elderly person by a caregiver. Abuse includes failure by a caregiver to satisfy an elder’s basic needs—neglect.

Nursing home residents should never choke or suffocate in nursing homes. Choking and suffocation deaths in nursing home are preventable. Unfortunately, they do happen. And probably much more often than most people can imagine. Choking and suffocation continue to be leading causes of death in nursing homes.

Nursing homes need to protect their residents. Elderly people with memory problems sometimes wander off. This is called “elopement.”

Nursing homes are required to assess residents to prevent this from happening. Nursing homes must have precautions in place to prevent residents from wandering off. This includes having the appropriate amount of staff to monitor residents. Nursing homes must also place alarms on doors and respond to those alarms to stop residents before they are injured.

If residents are permitted to wander off they can be severely injured. There have been examples of residents freezing to death in cold, being struck by cars, and falling down stairs.

It should go without saying that sexual abuse anywhere, including in nursing homes, is a crime that must be eradicated from society. Disgustingly, every year we see nursing home sexual abuse cases make headlines.

These are frequently the result of corporate greed and incompetence refusing to do required background checks.

When a nursing home’s abuse and neglect causes injury, the injured resident has a personal injury case. When that injury causes the resident’s death—whether immediately, or over time—the resident’s family has a case. It is called a “wrongful death” claim.

Assisted Living Facilities, called Residential Care Facilities in Ohio, are not nursing homes, and are not as well-regulated as nursing homes. That doesn’t mean someone injured or killed in a residential care facility has no claim. But the types of claims, and how to pursue them, are different.

Where Do Wooster, Ohio Nursing Home Neglect and Abuse Cases Go to Trial?

Nursing home abuse and neglect cases in Wooster go to trial at the Wayne County, Ohio Courthouse.

107 W Liberty Street

Wooster, OH 44691

Who are the Judges who will Preside over My Wooster, Ohio Nursing Home Abuse Case?

Judge Mark K. Wiest

Judge Wiest has served the Wayne County Court system for over 30 years. A graduate of the University of Cincinnati College of Law, Judge Wiest began his career as a practicing lawyer. His legal career spanned seven years in general practice with an emphasis in litigation and representation of small businesses. He also served as a part-time prosecutor in Municipal Court from 1972-1974.

He currently serves as the Vice-Chairman of the Ohio Board of Bar Examiners, and is a member of the Wayne County Ohio Bar Association. Judge Wiest enjoys spending time with his wife, Karin, and their four sons.

Judge Wiest’s Judicial Career In Wayne County

Elected Municipal Court Judge from 1980 – 1982

Appointed to fill vacancy on Common Pleas Court in 1983

Has been re-elected and served as a judge on the Common Pleas Court since 1983

Judge Corey E. Spitler

Judge Spitler is a graduate of Dickinson College in Carlisle, Pennsylvania. After college he moved to Wooster, Ohio and was employed by the Walter Jones Construction Company. While working full-time he attended the University of Akron School of Law.

During his last year of law school, he was hired as a bailiff/law clerk for Judge Robert Brown in the Wayne County Common Pleas Court. Upon graduation from Law School, he was hired by Wayne County Prosecutor Keith Shearer as an assistant county prosecutor.

After six years as an assistant prosecutor, Judges William Evans and Stuart Miller hired him as the first magistrate for the Wayne County Municipal Court.

In 2008, Magistrate Spitler resigned from the Wayne County Municipal Court and entered private practice. Judge Spitler also served part-time as a magistrate in the Wayne County Common Pleas court overseeing the foreclosure docket as well as the newly established Drug Court. Judge Spitler was first elected in 2010 to the Common Pleas Court and was elected for a second term in 2016.

Judge Spitler lives in Wooster, Ohio with his wife and two daughters.

Who will be on the Jury in My Wooster, Ohio Nursing Home Case?

The jury is made up of regular people who live in Wayne County, Ohio. A large group of people will receive a letter (called a summons) telling them to come to court for jury duty.

Not everyone who receives a summons will be on the jury. The entire group that comes to court is called the “jury pool.”

The lawyers and the judge then get to ask questions to see who will be a good fit for the case. Some people will not be chosen for a number of reasons. It could be that they know one of the people involved in the case or may be biased for some reason.

A total of 8 people will be on the jury. 6 of those 8 people will need to find in your favor to win your case. To learn more about Wayne County jury duty click here.

Who Performs Autopsies in Wayne?

Autopsies are performed under the supervision of Amy Jolliff . Dr. Amy Jolliff is the Wayne Coroner.

A Coroner shall be elected quadrennially in each county, who shall hold his office for a term of four years, beginning on the first Monday of January next after his election. (ORC 313.01)

Dr. Amy Jolliff can be contacted at the following phone number.

330-345-5891

Can I Report My Loved One’s Death to the Coroner?

Yes. If you believe that your loved one died under suspicious circumstances or because of abuse or neglect, you should report the death to the coroner.

You can report a death to the Wayne County Coroner’s Office by following this link.

What Types of Deaths Should Be Reported to the Coroner’s Office?

Not all deaths have to be reported to the coroner, also called a medical examiner in some counties. However, whenever a person dies of “violent, suspicious, unusual, or sudden death,” that has to be reported to the coroner by law in Ohio.

Ohio Revised Code 313.12 says:

When any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, when any person, including a child under two years of age, dies suddenly when in apparent good health, or when any person with a developmental disability dies regardless of the circumstances, the physician called in attendance, or any member of an ambulance service, emergency squad, or law enforcement agency who obtains knowledge thereof arising from the person’s duties, shall immediately notify the office of the coroner of the known facts concerning the time, place, manner, and circumstances of the death, and any other information that is required pursuant to sections 313.01 to 313.22 of the Revised Code.

Only the coroner or medical examiner can certify a death as being anything other than “natural.” This means that only a medical examiner or coroner can determine whether a person’s death was the result of suicide, homicide, or accident.

Most nursing home deaths that result in litigation are caused by accidental death or homicide.

Unfortunately, far too many primary care and other doctors choose not to alert the coroner or medical examiner after a person has died following trauma or other unusual circumstances, including after a nursing home resident falls.

When this occurs, it is important for the family to contact the coroner or medical examiner’s office as soon as possible. This can help ensure that the proper cause of death is given.

What Does it Mean to Probate An Estate?

The deceased person cannot file his own lawsuit. Ohio law has a process where all beneficiaries are represented in a single wrongful death lawsuit through the creation of an estate. Although each surviving member of a decedent’s immediate family may be entitled to receive monetary compensation, there is only one cause of action for the recovery of that compensation under Ohio’s wrongful death statute.

Opening An Estate

The actual lawsuit is brought in the name of the representative of the estate for the exclusive benefit of the surviving spouse, children, parents, and other next-of-kin. The estate is created by filing certain paperwork in the probate court.

The “estate” is nothing more than a legal process where the probate court oversees the business of the deceased (including where money is being sent and how or if debts are being paid) and the wrongful death claim that belongs to the family members.

The probate court will then issue paperwork entitling a specific person to serve as the representative of the estate. The individual appointed by the probate court is the personal representative of the estate. The personal representative is then required to act in the best interests of the beneficiaries of the estate. The probate court must approve any wrongful death settlement.

Choosing A Personal Representative

Any competent adult person may serve as the personal representative of an estate. In order to be appointed as a personal representative of an estate in Ohio, a person must meet 4 requirements.

Be at least 18 years of age (i.e., legally competent);

Be mentally competent;

Be bonded by a private insurance company; and

Not have a criminal record (in order to be bonded).

If the deceased dies with a will, the will sometimes waives the bond requirement. Under those circumstances, in order to be appointed as the personal representative, the person must only meet the first two requirements, be over the age of 18 and be mentally competent.

Prior to appointing a personal representative of an estate, beneficiaries have the right to receive notice of the request and object to an applicant’s request to be the personal representative in a hearing. If the beneficiaries do not object to a person being named a personal representative and he or she meets the legal requirements, he or she will usually be named the personal representative by the probate court.

There is no requirement that the personal representative be a beneficiary of the wrongful death claim, be a member of the family, or even have ever known the deceased person. On certain occasions, a lawyer, bank official, or other neutral third-party may be appointed as the personal representative of the estate. This may be the most desirable outcome if, for example, no family member can be bonded or there is family conflict that prevents all beneficiaries from agreeing on a single family member to serve as personal representative.

What does A Personal Representative Do?

In many ways, the personal representative acts like plaintiff in a traditional lawsuit. The difference, however, is that the personal representative is not only making decisions that affect his or her own interests, but is making decisions that affect all beneficiaries of the wrongful death claim.

For example, the personal representative decides whether to file a lawsuit, who and when to sue, what lawyer to have represent the estate for court proceedings, and whether or not to settle the lawsuit, although the probate court must always approve the settlement before it can be finalized.

The personal representative often times has more contact with the lawyers representing the estate (although this is not always the case), is required to participate in certain stages of litigation after the lawsuit is filed called discovery, attends court hearings and pre-trials, and participates in settlement negotiations and mediations.

The personal representative is important because they have the power to choose which lawyer will protect all the beneficiaries’ interests. This is an important decision. The lawyer chosen has a tremendous impact on the final settlement or jury verdict. Picking an experienced wrongful death lawyer who has the ability and expertise to not only go to trial but secure a jury verdict is critical.

Given the amount of responsibility that goes into being the personal representative of an estate, it is important to have a personal representative who is organized, responsive, willing to vigorously pursue the claim, and make decisions that are most advantageous to all beneficiaries.

A probate court may remove the administrator of decedent’s estate when the administrator refuses to bring a wrongful death action when a legitimate wrongful death claim exists. See Toledo Bar Ass’n v.Rust, 124 Ohio St. 3d 305, 2010 Ohio 170.

Where is the Probate Court in Wayne County, Ohio?

107 W Liberty St

Wooster, OH 44691

What Nursing Homes Do You Investigate and Sue in Wayne County?

We investigate claims against all nursing homes in Wayne County. At an any given time, we are usually investigating multiple facilities in the area for nursing wrongful death. Those deaths may be caused by falls or drops, medication errors, dehydration, malnutrition, infection, bedsores, sexual assault or rape, and other forms of physical abuse.

What Clients Say About Us

I felt comfortable right away with having [William Eadie] handle our mom's case. His knowledge of nursing homes was exceptional, this included both medical and how they are run.

Mark MaximOhio Nursing Home Client

Michael spent hours getting to know all the details of my aunt's life and going through pictures with us. It was clear that Michael was an honest and good person who genuinely cared about my family. These are just the things we saw him do. I know that he was working around the clock on things we didn't see.

Mark J.Ohio Wrongful Death Client

Michael and Will are forever part of our lives and our Family. I am forever grateful to both of them, and I am honored to call them my friends.

Marilyn MazzoneCleveland, Ohio Nursing Home Client

We came to Michael Hill with a very complicated legal issue after a loved one died. He navigated my family through the process of recovery and helped us move on with our lives. I highly recommend Michael Hill and his law firm, Eadie Hill Trial Lawyers.

Anthony F. Ohio Wrongful Death Client

You should call Eadie Hill Trial Lawyers because they are reliable and understanding of their different clients needs and situations. Overall trustworthy.

Sloan Tomblin

I have nothing but amazing things to say about Will Eadie and Michael Hill. Great Attorneys, dedicated to their clients. I worked with Will on a large complex case and can say he has a knack for dealing with large litigation matters that others would be scared to take.

Daniel MyersOhio Attorney

Will and the group at Eadie Hill Trial Lawyers are very personable and knowledgeable. They are easy to talk to and make you feel comfortable.

Karen Thomas

I am so relieved that I chose to bring my legal matter to Eadie Hill trial lawyers. Michael is a dedicated attorney who handles his clients with the utmost care. He is professional, personable, and compassionate. From the first call with Michael I knew that I made the right decision. If I ever need a lawyer for another legal matter I would not hesitate to call Michael again.

Stay Connected with Eadie Hill

Do not use this website outside the United States. See our privacy policy here.Each case is unique and the law frequently changes, so do not rely on any of the information that you read on this website without first talking to one of our lawyers first.If you contact Eadie Hill, but do not hear from a lawyer, we are not your attorneys. If we talk, but we do not accept your case and enter a representation agreement with you, we are not your attorneys.We try to respond to all inquiries. Due to the nature of electronic communication, and volume of inquiries we receive, we might miss yours. We recommend calling to discuss your potential claim. In no event should you wait to take action on your case simply because you have contacted us.We may refer your case to another attorney if we determine they would be better able to handle your case.We handle cases throughout Ohio. You can see our locations here

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